alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE INTERIM
CONSOLIDATED FINANCIAL STATEMENTS OF EASYRIDERS, INC. AND AS OF AND FOR THE
THREE MONTH PERIOD ENDED JUNE 30, 1999 INCLUDED IN THIS REPORT ON FORM 10-Q AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                         559,012
<SECURITIES>                                         0
<RECEIVABLES>                                4,441,912
<ALLOWANCES>                                   436,604
<INVENTORY>                                  3,945,767
<CURRENT-ASSETS>                            10,834,450
<PP&E>                                       6,935,558
<DEPRECIATION>                               2,555,758
<TOTAL-ASSETS>                              78,678,564
<CURRENT-LIABILITIES>                       13,967,080
<BONDS>                                      1,316,667
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        22,091
<OTHER-SE>                                  27,167,859
<TOTAL-LIABILITY-AND-EQUITY>                78,678,564
<SALES>                                     11,017,265
<TOTAL-REVENUES>                            11,017,265
<CGS>                                        8,153,836
<TOTAL-COSTS>                                5,502,422
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             861,438
<INCOME-PRETAX>                            (3,648,702)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (3,648,702)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,648,702)
<EPS-BASIC>                                        .17
<EPS-DILUTED>                                      .17


</TABLE>
No. 10-8048.

#### Robert Rich, Petitioner v. Rebecca Tamez, Warden.

562 U.S. 1206, 131 S. Ct. 1057,

178 L. Ed. 2d 874,

2011 U.S. LEXIS 1032.

January 24, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 384 Fed. Appx. 390.
# C_2013325EN.01005103.xml

| 9.11.2013 | EN | Official Journal of the European Union | C 325/51 |
| --- | --- | --- | --- |

9.11.2013

EN

Official Journal of the European Union

C 325/51

---

Action brought on 21 August 2013 — ZZ v ESMA

(Case F-80/13)

2013/C 325/83

Language of the case: French

Parties

Parties

Applicant: ZZ (represented by: O. Kress and S. Bassis, lawyers)

Applicant:

Defendant: European Securities and Markets Authority (ESMA)

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Firstly, annulment of the decision to extend the applicant’s probation period and of the subsequent decision to dismiss him and, secondly, application for compensation for the harm allegedly suffered.

Form of order sought

Form of order sought

| — | Annul the decision to extend the probation period; |
| --- | --- |

—

Annul the decision to extend the probation period;

| — | Annul the decision to dismiss the applicant; |
| --- | --- |

—

Annul the decision to dismiss the applicant;

| — | Order ESMA to pay him, as compensation for the harm suffered, damages provisionally assessed ex aequo et bono at EUR 373 414 for the material harm and EUR 50 000 for the non-pecuniary harm; |
| --- | --- |

—

Order ESMA to pay him, as compensation for the harm suffered, damages provisionally assessed ex aequo et bono at EUR 373 414 for the material harm and EUR 50 000 for the non-pecuniary harm;

ex aequo et bono

| — | Order ESMA to pay the costs. |
| --- | --- |

—

Order ESMA to pay the costs.

---
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RUBEN BRISENO, 

Plaintiff-Appellant, 

 v. 

CITY OF WEST COVINA, a municipal 

entity; et al., 

Defendants-Appellees.

No. 22-55100 

D.C. No. 2:20-cv-02986-MRW 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Michael R. Wilner, Magistrate Judge, Presiding

Argued and Submitted February 15, 2023

University of San Diego

Before: McKEOWN, OWENS, and BUMATAY, Circuit Judges.

After pleading no contest to resisting arrest, Ruben Briseno brought an 

excessive force claim against his arresting officers and the City of West Covina 

under 42 U.S.C. § 1983. The district court entered summary judgment for the 

defendants, ruling that Briseno’s claim was barred by Heck v. Humphrey, 512 U.S. 

477 (1994). Reviewing de novo, Suzuki Motor Corp. v. Consumers Union of the 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

FILED

MAR 8 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

U.S., Inc., 330 F.3d 1110, 1131 (9th Cir. 2003), we affirm. 

1. Briseno’s excessive force claim is Heck-barred. Under Heck, when 

“judgment in favor of the plaintiff would necessarily imply the invalidity of his 

conviction or sentence . . . the complaint must be dismissed[.]” 512 U.S. at 487. In 

his criminal proceeding, Briseno pled no contest to resisting a peace officer under 

Cal. Penal Code § 148(a)(1). And under California law, “[t]he lawfulness of the 

officer’s conduct is an essential element of the offense under § 148(a)(1).” Hooper 

v. Cnty. of San Diego, 629 F.3d 1127, 1130 (9th Cir. 2011). So, Heck precludes 

Briseno from bringing an excessive force claim “predicated on allegedly unlawful 

actions by the officer at the same time as the plaintiff’s conduct that resulted in his 

§ 148(a)(1) conviction.” Sanders v. City of Pittsburg, 14 F.4th 968, 971 (9th Cir. 

2021). Briseno’s arresting officers were entitled to summary judgment on the 

lawfulness of the force they used during the arrest. 

2. We affirm the district court’s refusal to consider Briseno’s unpled theory

that the officers used excessive force after handcuffing him. At the summary 

judgment stage, Briseno sought to overcome Heck by arguing that the officers 

continued to beat him after he was placed in handcuffs. But this theory appears 

nowhere in Briseno’s complaint. “[S]ummary judgment is not a procedural second 

chance to flesh out inadequate pleadings.” Wasco Prods., Inc. v. Southwall Techs, 

Inc., 435 F.3d 989, 992 (9th Cir. 2006) (citation omitted). Briseno “may not 
3 

effectively amend [his] [c]omplaint by raising a new theory . . . in [] response to a 

motion for summary judgment.” La Asociacion de Trabajadores de Lake Forest v. 

City of Lake Forest, 624 F.3d 1083, 1089 (9th Cir. 2010). Because Briseno’s 

argument about use of excessive force after handcuffing was not adequately 

presented below, we do not reach whether this theory, properly pled, could survive 

the Heck bar.

AFFIRMED.
B-MP0323E (1/23) ©2023 Magellan Health, Inc.

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1-844-DON-CEAP (TTY 711) for helpful resources.
### Exhibit 32.1

### 

### 

### CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002







In connection with the Quarterly Report of American Community Properties Trust (the "Company") on Form 10-Q for the period ending June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, J. Michael Wilson, Chairman and Chief Executive Officer of the Company, certify to my knowledge, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that:



1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.









|/s/ J. Michael Wilson               
|------------------------------------
|J. Michael Wilson                   
|Chairman and Chief Executive Officer
|August 3, 2005
EXHIBIT (32)(b)

Certification of Chief Financial Officer Pursuant to 18 U.S.C. Section 1350,
As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 *

In connection with the Annual Report of The Empire District Electric Company (the "Company") on Form 10-K for the period ending
December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Gregory A. Knapp, as Chief Financial Officer of the Company, certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1.     The
Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and

2.     The
information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

|By: |  | /s/ Gregory A. Knapp
|--- |  | --------------------

|Name:  |  | Gregory A. Knapp                                    
|------ |  | ----------------------------------------------------
|Title: |  | Vice President  Finance and Chief Financial Officer
|Date:  |  | March 3, 2008                                       

A signed original of this written statement required by Section 906 or other document authenticating, acknowledging or otherwise adopting the signature
that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to The Empire District Electric Company and will be retained by The
Empire District Electric Company and furnished to the Securities and Exchange Commission or its staff upon request.

---



QuickLinks
```
**EXHIBIT 99.2

                             SECTION 906 CERTIFICATION

                            CERTIFICATION OF PRESIDENT
             OF EAGLE EXPLORATION COMPANY PURSUANT TO 18 U.S.C.ss.1350**

     I, Raymond N. Joeckel, certify that:

     In connection  with the Annual  Report on Form 10-KSB of Eagle  Exploration
Company  (the  "Company")  for the year ended  March 31,  2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Raymond
N. Joeckel, President of the Company, certify, pursuant to 18 U.S.C.ss.1350,  as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

     1.   the Report fully  complies with the  requirements  of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934, as amended; and

     2.   the  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.

                                          /s/ Raymond N. Joeckel
                                          ------------------------------------
                                          Name: Raymond N. Joeckel
                                          Title:      President
                                          Date: June 26, 2003
```
Here's how you know
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<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S 10Q FOR THE QUARTER ENDED MARCH 31, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                             135
<SECURITIES>                                         0
<RECEIVABLES>                                   14,102
<ALLOWANCES>                                       252
<INVENTORY>                                          0
<CURRENT-ASSETS>                                18,785
<PP&E>                                          56,080
<DEPRECIATION>                                  10,099
<TOTAL-ASSETS>                                 169,555
<CURRENT-LIABILITIES>                           24,284
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        57,066
<OTHER-SE>                                       1,388
<TOTAL-LIABILITY-AND-EQUITY>                   169,555
<SALES>                                              0
<TOTAL-REVENUES>                                26,362
<CGS>                                                0
<TOTAL-COSTS>                                   16,995
<OTHER-EXPENSES>                                 6,692
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,010
<INCOME-PRETAX>                                    665
<INCOME-TAX>                                       326
<INCOME-CONTINUING>                                339
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       339
<EPS-BASIC>                                       0.05
<EPS-DILUTED>                                     0.05


</TABLE>
# DLA Aerospace Energy supports NASA rocket launch

/ Published Sept. 21, 2016
CAPE CANAVERAL AIR FORCE STATION, Florida, 
Defense Logistics Agency Aerospace Energy supported NASA’s first U.S. mission to sample an asteroid with a launch from Cape Canaveral Air Force Station, Florida, Sep. 8.

DLA Aerospace Energy provided the Atlas 5 rocket’s fuel (RP-1 rocket propellant) and 2,700 pounds of hydrazine required to launch the spacecraft to orbit Asteroid Bennu so it could map and sample the asteroid and retrieve at least two ounces of surface material before returning to Earth.

“It gives me a sense of pride knowing that the hard work of the men and women of DLA Aerospace Energy supports a multi-year space mission to Asteroid Bennu,” said DLA Aerospace Energy Chief of Contracting, Damon Moore.  

Bennu is as tall as the Empire State Building, weighs about 60 million tons and is about 4.5 billion years old.

According to NASA officials, the spacecraft uses a mechanical arm to obtain a sample and return it to Earth in about seven years. Bennu is a primitive and carbon-rich asteroid made of material that has not changed significantly since its formation. 

Scientists are hoping the organic material found on Bennu will give scientists an inventory of the materials present at the beginning of the solar system that may have had a role in the origin of life on Earth and potentially elsewhere.  

“When the sample from Asteroid Bennu is returned to Earth in 2023, it will be exciting to know that the work we do at DLA Aerospace Energy contributed to scientists being able to study material present at the beginning of our solar system,” Moore said.   

DLA Aerospace Energy partnered with NASA, Lockheed Martin, NASA's Goddard Space Flight Center, University of Arizona, the U.S. Air Force and Canberra tracking station in Australia for this complex project.

DLA Aerospace Energy manages the worldwide acquisition of missile fuels, liquid propellants for space launch and satellites, aviator’s breathing oxygen and other bulk industrial chemicals and gases – including nitrogen, oxygen, argon, hydrogen and helium.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 24, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-11262

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DEBORAH LEE SYPNIEWISKI,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:05-CR-28-1

--------------------

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Deborah Lee Sypniewiski was convicted by a jury of

counterfeiting obligations of the United States and possessing

counterfeit obligations. Sypniewiski argues that the district

court erred in enhancing her sentence based on her manufacture of

counterfeit federal reserve notes pursuant to U.S.S.G.

§ 2B5.1(b)(2)(A) and (b)(3) (2004). Sypniewiski argues that the

enhancement was inapplicable under application note 4, which

states that the enhancement does not apply where the items

manufactured “are so obviously counterfeit that they are unlikely
No. 05-11262

-2-

to be accepted even if subjected to only minimal scrutiny.” 

§ 2B5.1, comment. (n.4). 

Based on the personal inspection of the notes by the

district court judge, the evidence regarding the number of times

the bills were successfully and unsuccessfully passed, and the

testimony of various witnesses including a Secret Service agent,

the district court found that the counterfeit notes were not so

obviously counterfeit that they were unlikely to be accepted even

if subjected to only minimal scrutiny. The district court’s

finding was plausible in light of the record as a whole and thus

was not clearly erroneous. United States v. Wyjack, 141 F.3d

181, 183-84 (5th Cir. 1998); United States v. Bollman, 141 F.3d

184, 187 (5th Cir. 1998). 

AFFIRMED.
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

In connection with the Annual Report of PocketSpec Technologies Inc. (the
Company") on Form 10-KSB for the period ending January 31, 2004 as filed with
the Securities and Exchange Commission (the "Report"), I. Janet Brophy, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

     (1)  The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The information contained in the Report fully presents, in all
          material respects, the financial condition and results of operations
          or the Company.

DECEMBER 27, 2004

                                                     By: /s/  Janet Brophy
                                                     -----------------------
                                                     Chief Executive Officer
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

CHRISTOPHER J. YORK, )

)

Appellant, )

)

v. ) Case No. 2D18-739 

)

STATE OF FLORIDA, )

 )

Appellee. )

)

Opinion filed October 11, 2019.

Appeal from the Circuit Court for Sarasota 

County; Charles E. Roberts, Judge

Howard L. Dimmig, II, Public Defender, 

and William L. Sharewell, Special Assistant 

Public Defender, Bartow, for Appellant. 

Ashley Moody, Attorney General, 

Tallahassee, and Katherine Coombs Cline,

Assistant Attorney General, Tampa, for 

Appellee. 

PER CURIAM.

Affirmed. 

SILBERMAN, MORRIS, and ROTHSTEIN-YOUAKIM, JJ., Concur.